Quest, NY AG settle employment issue

Quest Diagnostics has settled with state regulators following an investigation into employment violations by the New York State Attorney General’s office.

The AG’s office announced the settlement ensures that applicants for employment will not be automatically disqualified based on prior arrests or criminal convictions and without considering mitigating factors, as required by state law.

Quest has approximately 200 locations in New York - including more than 30 in Western New York, with approximately 42,000 employees worldwide.

The company is among the world’s largest providers of medical diagnostic testing, information and services.

According to the AG’s office, the company agreed under the settlement to follow laws prohibiting automatic job disqualification based solely on criminal history.

Attorney General Eric Schneiderman said in a media release his office is committed to equal access to employment opportunities.

“Those who have paid their debt to society deserve a fair chance to make an honest living,” he said. “It’s illegal under New York law to discriminate against job applicants based solely on their history of criminal conviction and, with this settlement, Quest has now agreed to needed reform to ensure its job applicants are treated fairly. The law is specifically designed to protect those who are otherwise qualified for the jobs they are applying for.”

State law requires that employers consider a number of mitigating factors in making hiring decisions based on criminal history, including the nature and gravity of an applicant’s criminal conviction and its bearing, if any, on any specific responsibilities of the job sought, the time that elapsed since the conviction, the age of the applicant at the time when the offense was committed and evidence of rehabilitation.

The investigation stemmed from a report from a prospective job applicant. The AG’s office found some applicants were rejected for employment regardless of their qualifications or experience in the field, even where the prior convictions were years old and the applicant had shown evidence of rehabilitation and a clean record since.

The investigation also revealed that one of Quest’s subsidiary companies, ExamOne Worldwide Inc., contracted with insurance companies and violated state law by imposing a blanket ban on hiring job applicants who had a criminal conviction within the prior seven years.

Pursuant to the settlement and the requirements of state law, Quest will ensure compliance with the law going forward, modify its policies, conduct training for employees around these policies and preserve records of its hiring decisions and any complaints related to criminal history discrimination. The company will also pay a $70,000 penalty and provide periodic reports to ensure compliance.